Legal Question in Civil Litigation in California

1. From my understanding, that 60 day deadline is pretty strict, having drafted several of these anti-SLAPP motions. Why don't you try to file one of those motions for relief based on excusable neglect? I forget the code section.

2. Not really. Technically, it is a completely different standard the moving party has to meet to prevail on each respective motion. The end results of a successful Anti-Slapp and a successful demurrer is the same, dismissal of the lawsuit, although with a demurrer, it's usually a dismissal without prejudice (in other words, the plaintiff can amend the pleading and go forward with his or her case.

Are you sure you want to be representing yourself pro per on something like this. I can quote you various flat rates to help out on distinct projects, and kind of support you in the background, while you represent yourself. It is cheaper for you with this arrangement.

If interested, you can check out my website at www.laborandemploymentlawoffice.com (it is getting completely redone as we speak). You can also email me at [email protected] or call me at 323 274 2104. I hope to hear from you.

Best regards,

Jacob Kiani

1. The 60 day deadline is pretty strict. There is an exception that allows the court discretion to allow late filings. "The special motion may be filed within 60 days of the service of the complaint or, in the court�s discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing." (Code Civ. Proc., sect. 425.16, subd. (f).)

Right now, you are talking about demurring. If 60 days has elapsed since you were served, you may have other problems. If you have not already filed some sort of responsive pleading, then you may be in default.

2. A SLAPP special motion to strike is not the same as a demurrer, it is it's own special type of motion, and is not the same as a demurrer.

I really urge you to get an attorney to review your case and help you with this.

I agree with the previous answers and write to emphasize a couple of points. First, if you are past the 60 days after service of the complaint, you are WAY past the time to file a demurer, which is 30 days after service of the complaint. Second, if you are being sued for Malicious Prosecution, it means you have already lost one lawsuit. How many do you need to lose before you realize that if you think you can't afford an attorney - how are you going to afford to lose the case? You really do not know what you are doing, and you are just digging yourself deeper this way.